Is it possible to file a K1 visa while living abroad?

[Snail 0]

I will be moving to Australia next month for work but am engaged to my Vietnamese fiancee. My question is, will i be able to file a K1 visa for her to come to the states to get marry while i'm living abroad?

I do own a home in California so I can prove domicile. For financial support, my income will be from abroad so i will most likely need a financial sponsor for her (I can ask family member to do this).

[Pitaya 2,577]

~duplicate thread removed~

[Harpa Timsah 13,258]

Yes.

[JohnR! 5,495]

Yes it is possible to file for her K-1 while you are still living abroad. Some consulates allow for co-sponsors for K-1 visas so you will need to check with the consulate in Vietnam, presuming she still resides in that country.

One thing to bear in mind is that she will not be able to leave the US for at about 5-6 months after she arrives, until such time when she has her EAD/AP on hand, which means she will not be able to come in, marry you and leave the country with you for a while.

~duplicate thread removed~

and the replies that went with it....

[baron555 934]

Yes you can file while living abroad.....but the K-1 and then the AOS that follows assumes that she will be living permanently in the US. She can leave to visit but must maintain at least 6 months residence here. If she will be living with you while you work abroad, then this visa is not for you.

[Snail 0]

Some consulates allow for co-sponsors for K-1 visas so you will need to check with the consulate in Vietnam, presuming she still resides in that country

Could you explain this comment? I'm not sure I understand what you mean here? She is living in Vietnam, but what do you mean by "co-sponsors for K-1 visas"?

Yes you can file while living abroad.....but the K-1 and then the AOS that follows assumes that she will be living permanently in the US. She can leave to visit but must maintain at least 6 months residence here. If she will be living with you while you work abroad, then this visa is not for you.

If she is allowed to come to the states on a K-1 visa, i was planning on having her stay with family until she is able to travel and i can get her a visa to come with me to Australia. Would you suggest another route , CR1?

[nightingalejules 678]

Could you explain this comment? I'm not sure I understand what you mean here? She is living in Vietnam, but what do you mean by "co-sponsors for K-1 visas"?

If she is allowed to come to the states on a K-1 visa, i was planning on having her stay with family until she is able to travel and i can get her a visa to come with me to Australia. Would you suggest another route , CR1?

1. Not all embassies apparently will accept a joint (or co-)sponsor for a K1. If Vietnam is one of them, you'd need to be able to sponsor her yourself (which would effectively mean that you'd have to apply from the US, when you're making enough money there to support her. You should be able to search and find out whether Vietnam's US Embassy will allow you to use 2 sponsors, or else you're going to a lot of trouble only to be turned down.

2. Then you're probably ok. Are you planning on getting married in the US and then just hopping back on a plane to Australia? Seems like kind of a downer! (oh well, none of my business!)

CR1 would allow her to travel right away, but either way, she can't stay too long outside the US with just a greencard. After 6mo or so (I don't know the actual timeline), her greencard is considered to be abandoned, and you would have to start all over again with the CR1.

*** Is there any way you can just bring her to live with you in Australia?

- it's legal for her to come to the US on a tourist visa and marry, as long as she doesn't stay in the US. You get married, and both of you hop on a plane to Australia

- if you're living and working legally in Australia, maybe there's a way that she can come there with only her Vietnamese passport and citizenship and live with you there until you're about a year away from wanting to return to the US permanently. (I don't know how this would work - don't know anything about Vietnam/Australia immigration)

- then, you could apply for a CR1/IR1 from Australia, bring her to the US with you and live happily ever after! You can definitely use a joint sponsor on that visa, and depending on her legal status in Australia, she may have to return to Vietnam for her interview and medical, or if she qualifies as an Australian resident for the purposes of immigration, she could even do her interview in Australia!